Senate Bill sb1982

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    Florida Senate - 2001                                  SB 1982

    By Senator Villalobos





    37-1163-01

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         98.015, F.S.; requiring supervisors of

  4         elections to report to the Florida Elections

  5         Commission and the state attorney violations of

  6         the Florida Election Code; amending s. 102.155,

  7         F.S.; requiring a candidate to pay fines owed

  8         for violation of ch. 106, F.S., before the

  9         filing officer issues a certificate of

10         election; amending s. 104.011, F.S.; prohibits

11         a person from falsely swearing to an oath

12         required by the code; amending s. 104.42, F.S.;

13         requiring a supervisor of elections to

14         investigate fraudulent registration and illegal

15         voting; amending s. 106.011, F.S.; defining

16         terms; amending s. 106.021, F.S.; prohibiting

17         candidates from acting as their own campaign

18         treasurer or deputy treasurer under certain

19         conditions; amending s. 106.023, F.S.;

20         modifying the Statement of Candidate form;

21         amending s. 106.04, F.S.; requiring committees

22         of continuous existence to inform the Division

23         of Elections when there are changes in

24         necessary qualifying criteria; amending s.

25         106.055, F.S.; requiring candidates to estimate

26         and report fair market value of goods or

27         services received; amending s. 106.06, F.S.;

28         requiring a treasurer to provide campaign

29         records to a candidate within a specified time;

30         requiring a candidate to keep such records for

31         a specified time; providing a fine; amending s.

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  1         106.07, F.S.; making a candidate responsible

  2         for filing campaign reports; providing a

  3         limitation on reimbursed expenses; requiring

  4         the reporting of names of persons supplying

  5         communications media services; amending s.

  6         106.071, F.S.; requiring independent political

  7         advertisements to contain names of persons

  8         paying for the advertisements; providing a

  9         penalty for making a false disclaimer in an

10         independent political advertisement; amending

11         s. 106.08, F.S.; clarifying requirements for

12         contributing and soliciting charitable

13         contributions; amending s. 106.09, F.S.;

14         limiting cash and money order contributions;

15         amending s. 106.11, F.S.; providing for payment

16         by campaign funds for items obligated before a

17         candidate was elected, became unopposed, or was

18         eliminated only if the obligation was made in

19         writing; amending s. 106.12, F.S.; specifying

20         uses for petty cash; increasing the amount of

21         petty cash that may be used by nonstatewide

22         candidates and political committees; amending

23         s. 106.1405, F.S.; prescribing guidelines for

24         paying for goods and services provided by a

25         family member; amending s. 106.141, F.S.;

26         eliminating a candidate's right to

27         reimbursement for personal loans to the

28         campaign; increasing the amount of funds

29         transferrable to an office account; requiring

30         receipts for office account expenditures;

31         authorizing inspection of receipts; amending s.

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  1         106.143, F.S.; modifying disclaimer

  2         requirements; amending s. 106.144, F.S.;

  3         modifying requirements for statements of

  4         endorsement; amending s. 106.15, F.S.;

  5         expanding prohibition against candidates using

  6         state employees' services during working hours

  7         to include all government employees; amending

  8         s. 106.18, F.S.; prohibiting the appearance of

  9         a candidate's name on the ballot if the

10         commission finds the candidate violated s.

11         106.19(1), F.S., within the past 2 years;

12         providing for a filing officer to certify that

13         a candidate has filed all reports and paid all

14         fines; creating s. 106.185, F.S.; providing for

15         forfeiture of a candidate's salary and expenses

16         for certain acts; amending s. 106.19, F.S.;

17         providing a civil penalty for willful violation

18         of s. 106.19(1)(a), F.S.; increasing the

19         criminal penalty; amending s. 106.21, F.S.;

20         providing for withholding or rescinding of a

21         certification of election and removal from

22         office for violation of s. 106.19(1), F.S.;

23         providing judicial relief to an elector or a

24         defected candidate against a successful

25         candidate who is found guilty of such a

26         violation; amending s. 106.23, F.S.; exempting

27         provisions under the commission's jurisdiction

28         from the scope of advisory opinions which may

29         be given by the division; amending s. 106.24,

30         F.S.; assigning the Florida Elections

31         Commission to the Department of State;

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  1         providing a general counsel for the commission;

  2         prohibiting the Division of Elections from

  3         using the Elections Commission Trust Fund for

  4         fraud investigations; amending s. 106.25, F.S.;

  5         expanding the jurisdiction of the commission;

  6         requiring the commission to investigate all

  7         violations of the code under its jurisdiction;

  8         requiring a filing officer to report code

  9         violations in writing to the commission;

10         amending s. 106.26, F.S.; authorizing the

11         commission to issue advisory opinions; amending

12         s. 106.265, F.S.; increasing the amount of

13         civil penalties which the commission may

14         impose; providing for fines to be deposited

15         into the Elections Commission Trust Fund;

16         repealing s. 105.09, F.S., relating to

17         political activity on behalf of candidates for

18         judicial office; repealing s. 106.085, F.S.,

19         relating to independent expenditures; providing

20         an appropriation; providing an effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Subsection (12) is added to section 98.015,

25  Florida Statutes, to read:

26         98.015  Supervisor of elections; election, tenure of

27  office, compensation, custody of books, office hours,

28  successor, seal; appointment of deputy supervisors; duties.--

29         (12)  Each supervisor shall investigate fraudulent

30  registrations and illegal voting within the jurisdiction of

31  the Florida Elections Commission and report his or her

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  1  findings to the state attorney and the commission. Each

  2  supervisor who has information concerning any violation of the

  3  Florida Election Code over which the commission has

  4  jurisdiction shall immediately report the information, in

  5  writing, to the Florida Elections Commission.

  6         Section 2.  Section 102.155, Florida Statutes, is

  7  amended to read:

  8         102.155  Certificate of election.--

  9         (1)  The supervisor shall give to any person the

10  election of whom is certified by the county canvassing board a

11  certificate of the person's election.  The Department of State

12  shall give to any person the election of whom is certified by

13  the state canvassing board a certificate of the person's

14  election.  The certificate of election which is issued to any

15  person shall be prima facie evidence of the election of such

16  person.

17         (2) A certificate of election may not be issued by a

18  supervisor or the Department of State until all preelection

19  reports required by s. 106.07 have been filed in accordance

20  with the provisions of such section and the candidate's filing

21  officer has certified in writing that all preelection reports

22  required by s. 106.07 have been filed. However, a candidate

23  may not be prevented from receiving a certificate of election

24  for failure to file any copy of a report required by chapter

25  106.

26         (3)  A supervisor or the Department of State shall not

27  issue a certificate of election for any candidate until all

28  outstanding fines for violating chapter 106 have been paid.

29  The candidate's filing officer and the Florida Elections

30  Commission shall certify in writing that there are no

31

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  1  outstanding fines for violations of chapter 106 prior to a

  2  certificate of election being issued.

  3         Section 3.  Section 104.011, Florida Statutes, is

  4  amended to read:

  5         104.011  False swearing; submission of false voter

  6  registration information.--

  7         (1)  A person who willfully swears or affirms falsely

  8  to any oath or affirmation required by the Florida Election

  9  Code, or willfully procures another person to swear or affirm

10  falsely to an oath or affirmation required by the Florida

11  Election Code, in connection with or arising out of voting or

12  elections commits a felony of the third degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (2)  A person who willfully submits any false voter

15  registration information commits a felony of the third degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         Section 4.  Section 104.42, Florida Statutes, is

18  amended to read:

19         104.42  Fraudulent registration and illegal voting;

20  investigation.--

21         (1)  The supervisor of elections shall is authorized to

22  investigate fraudulent registrations and illegal voting within

23  the jurisdiction of the Florida Elections Commission and to

24  report his or her findings in writing to the local state

25  attorney and the Florida Elections commission.

26         (2)  The board of county commissioners in any county

27  may appropriate funds to the supervisor of elections for the

28  purpose of investigating fraudulent registrations and illegal

29  voting.

30         Section 5.  Subsections (1) and (3) of section 106.011,

31  Florida Statutes, are amended to read:

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  1         106.011  Definitions.--As used in this chapter, the

  2  following terms have the following meanings unless the context

  3  clearly indicates otherwise:

  4         (1)(a)  "Political committee" means:

  5         1.  A combination of two or more individuals, or a

  6  person other than an individual, that in an aggregate amount

  7  in excess of $500 during a calendar year:

  8         a.  Accepts contributions for the purpose of making

  9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or issue;

13         c.  Makes expenditures for the purpose of expressly

14  advocating the election or defeat of a candidate or issues; or

15         d.  Makes contributions to a common fund, other than a

16  joint checking account between spouses, from which

17  contributions are made to any candidate, political committee,

18  committee of continuous existence, or political party. the

19  primary or incidental purpose of which is to support or oppose

20  any candidate, issue, or political party, which accepts

21  contributions or makes expenditures during a calendar year in

22  an aggregate amount in excess of $500; "political committee"

23  also means

24         2.  The sponsor of a proposed constitutional amendment

25  by initiative who intends to seek the signatures of registered

26  electors.

27         (b)  Notwithstanding paragraph (a), the following

28  entities are not political committees for purposes of this

29  chapter: 1.  Organizations that which are certified by the

30  Department of State as committees of continuous existence

31  pursuant to s. 106.04.,

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  1         2.  National political parties, and the state and

  2  county executive committees of political parties regulated by

  3  chapter 103 shall not be considered political committees for

  4  the purposes of this chapter.

  5         3.  Corporations regulated by chapter 607 or chapter

  6  617 or other business entities formed for purposes other than

  7  to support or oppose issues or candidates, are not political

  8  committees if their political activities are limited to

  9  contributions to candidates, political parties, or political

10  committees or expenditures in support of or opposition to an

11  issue from corporate or business funds and if no contributions

12  are received by such corporations or business entities.

13         (3)  "Contribution" means:

14         (a)  A gift, subscription, conveyance, deposit, loan,

15  payment, or distribution of money or anything of value,

16  including contributions in kind having an attributable

17  monetary value in any form, made for the purpose of

18  influencing the results of an election.

19         (b)  A transfer of funds between political committees,

20  between committees of continuous existence, or between a

21  political committee and a committee of continuous existence.

22         (c)  The payment, by any person other than a candidate

23  or political committee, of compensation for the personal

24  services of another person which are rendered to a candidate

25  or political committee without charge to the candidate or

26  committee for such services.

27         (d)  The transfer of funds by a campaign treasurer or

28  deputy campaign treasurer between a primary depository and a

29  separate interest-bearing account or certificate of deposit,

30  and the term includes any interest earned on such account or

31  certificate.

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  1

  2  Notwithstanding the foregoing meanings of "contribution," the

  3  word shall not be construed to include services, including,

  4  but not limited to, legal and accounting services, provided

  5  without compensation by individuals volunteering a portion or

  6  all of their time on behalf of a candidate or political

  7  committee.  This definition shall not be construed to include

  8  editorial endorsements by any newspaper, radio or television

  9  station, or other recognized news medium.

10         Section 6.  Paragraph (a) of subsection (1) of section

11  106.021, Florida Statutes, is amended to read:

12         106.021  Campaign treasurers; deputies; primary and

13  secondary depositories.--

14         (1)(a)  Each candidate for nomination or election to

15  office and each political committee shall appoint a campaign

16  treasurer. A candidate may not serve as treasurer or deputy

17  treasurer for his or her campaign if the candidate accepts

18  contributions or makes expenditures in an aggregate amount in

19  excess of $10,000 for the office sought. If a candidate has

20  served as the treasurer or deputy treasurer of the campaign

21  prior to accepting or making expenditures in an aggregate

22  amount in excess of $10,000, the candidate must resign

23  pursuant to subsection (2) immediately upon filing a campaign

24  treasurer's report that discloses contributions or

25  expenditures in an aggregate amount in excess of $10,000. Each

26  person who seeks to qualify for nomination or election to, or

27  retention in, office shall appoint a campaign treasurer and

28  designate a primary campaign depository prior to qualifying

29  for office.  Any person who seeks to qualify for election or

30  nomination to any office by means of the petitioning process

31  shall appoint a treasurer and designate a primary depository

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  1  on or before the date he or she obtains the petitions.  Each

  2  candidate shall at the same time he or she designates a

  3  campaign depository and appoints a treasurer also designate

  4  the office for which he or she is a candidate.  If the

  5  candidate is running for an office which will be grouped on

  6  the ballot with two or more similar offices to be filled at

  7  the same election, the candidate must indicate for which group

  8  or district office he or she is running.  Nothing in this

  9  subsection shall prohibit a candidate, at a later date, from

10  changing the designation of the office for which he or she is

11  a candidate.  However, if a candidate changes the designated

12  office for which he or she is a candidate, the candidate must

13  notify all contributors in writing of the intent to seek a

14  different office and offer to return pro rata, upon their

15  request, those contributions given in support of the original

16  office sought. This notification shall be given within 15 days

17  after the filing of the change of designation and shall

18  include a standard form developed by the Division of Elections

19  for requesting the return of contributions.  The notice

20  requirement shall not apply to any change in a numerical

21  designation resulting solely from redistricting.  If, within

22  30 days after being notified by the candidate of the intent to

23  seek a different office, the contributor notifies the

24  candidate in writing that the contributor wishes his or her

25  contribution to be returned, the candidate shall return the

26  contribution, on a pro rata basis, calculated as of the date

27  the change of designation is filed.  Any contributions not

28  requested to be returned within the 30-day period may be used

29  by the candidate for the newly designated office.  No person

30  shall accept any contribution or make any expenditure with a

31  view to bringing about his or her nomination, election, or

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  1  retention in public office, or authorize another to accept

  2  such contributions or make such expenditure on the person's

  3  behalf, unless such person has appointed a campaign treasurer

  4  and designated a primary campaign depository. A candidate for

  5  an office voted upon statewide may appoint not more than 15

  6  deputy campaign treasurers, and any other candidate or

  7  political committee may appoint not more than 3 deputy

  8  campaign treasurers.  The names and addresses of the campaign

  9  treasurer and deputy campaign treasurers so appointed shall be

10  filed with the officer before whom such candidate is required

11  to qualify or with whom such political committee is required

12  to register pursuant to s. 106.03.  Each candidate who

13  qualifies with the Department of State for an office not voted

14  upon statewide shall, at the same time, file a copy of the

15  name and address of the campaign treasurer with the supervisor

16  of elections in the county in which the candidate resides.

17         Section 7.  Section 106.023, Florida Statutes, is

18  amended to read:

19         106.023  Statement of candidate.--Each candidate must

20  file a statement with the qualifying officer within 10 days

21  after filing the appointment of campaign treasurer and

22  designation of campaign depository, stating that the candidate

23  has read and understands the requirements of this chapter and

24  that the candidate does not owe a fine to the Florida

25  Elections Commission or the filing officer.  Such statement

26  shall be provided by the filing officer and shall be in

27  substantially the following form:

28

29                      STATEMENT OF CANDIDATE

30

31

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  1         I, ...., candidate for the office of ...., have

  2  received, read, and understand the requirements of Chapter

  3  106, Florida Statutes, and attest that I do not owe any fines

  4  to the Florida Elections Commission or my filing officer.

  5

  6  ...(Signature of candidate)...                    ...(Date)...

  7

  8  Willful failure to file this form is a violation of ss.

  9  106.19(1)(c) and 106.25(3), F.S.

10         Section 8.  Subsection (4) of section 106.04, Florida

11  Statutes, is amended to read:

12         106.04  Committees of continuous existence.--

13         (4)(a)  Each committee of continuous existence shall

14  file an annual report with the Division of Elections during

15  the month of January.  Such annual reports shall contain the

16  same information and shall be accompanied by the same

17  materials as original applications filed pursuant to

18  subsection (2). However, the charter or bylaws need not be

19  filed if the annual report is accompanied by a sworn statement

20  by the chair that no changes have been made to such charter or

21  bylaws since the last filing.

22         (b)1.  Each committee of continuous existence shall

23  file regular reports with the Division of Elections at the

24  same times and subject to the same filing conditions as are

25  established by s. 106.07(1) and (2) for candidates' reports.

26         2.  Any committee of continuous existence failing to so

27  file a report with the Division of Elections pursuant to this

28  paragraph on the designated due date shall be subject to a

29  fine for late filing as provided by this section.

30         (c)  All committees of continuous existence shall file

31  the original and one copy of their reports with the Division

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  1  of Elections.  In addition, a duplicate copy of each report

  2  shall be filed with the supervisor of elections in the county

  3  in which the committee maintains its books and records, except

  4  that if the filing officer to whom the committee is required

  5  to report is located in the same county as the supervisor no

  6  such duplicate report is required to be filed with the

  7  supervisor.  Reports shall be on forms provided by the

  8  division and shall contain the following information:

  9         1.  The full name, address, and occupation of each

10  person who has made one or more contributions to the committee

11  during the reporting period, together with the amounts and

12  dates of such contributions.  For corporations, the report

13  must provide as clear a description as practicable of the

14  principal type of business conducted by the corporation.

15  However, if the contribution is $100 or less, the occupation

16  of the contributor or principal type of business need not be

17  listed. However, for any contributions which represent the

18  payment of dues by members in a fixed amount pursuant to the

19  schedule on file with the Division of Elections, only the

20  aggregate amount of such contributions need be listed,

21  together with the number of members paying such dues and the

22  amount of the membership dues.

23         2.  The name and address of each political committee or

24  committee of continuous existence from which the reporting

25  committee received, or the name and address of each political

26  committee, committee of continuous existence, or political

27  party to which it made, any transfer of funds, together with

28  the amounts and dates of all transfers.

29         3.  Any other receipt of funds not listed pursuant to

30  subparagraph 1. or subparagraph 2., including the sources and

31  amounts of all such funds.

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  1         4.  The name and address of, and office sought by, each

  2  candidate to whom the committee has made a contribution during

  3  the reporting period, together with the amount and date of

  4  each contribution.

  5         (d)  Any change in information previously submitted

  6  pursuant to subsection (2) must be reported to the Division of

  7  Elections within 10 days following the change.

  8         (e)(d)  The treasurer of each committee shall certify

  9  as to the correctness of each report and shall bear the

10  responsibility for its accuracy and veracity.  Any treasurer

11  who willfully certifies to the correctness of a report while

12  knowing that such report is incorrect, false, or incomplete

13  commits a misdemeanor of the first degree, punishable as

14  provided in s. 775.082 or s. 775.083.

15         Section 9.  Section 106.055, Florida Statutes, Florida

16  Statutes, is amended to read:

17         106.055  Valuation of in-kind contributions.--Any

18  person who makes an in-kind contribution shall, at the time of

19  making such contribution, place a value on such contribution,

20  which valuation shall be the fair market value of such

21  contribution. A candidate who does not receive the valuation

22  of an in-kind contribution from the contributor in time to

23  allow timely reporting of the contribution shall determine the

24  value of such contribution, which valuation shall be the fair

25  market value of such contribution.

26         Section 10.  Section 106.06, Florida Statutes, is

27  amended to read:

28         106.06  Treasurer to keep records; inspections.--

29         (1)  The campaign treasurer of each candidate and the

30  campaign treasurer of each political committee shall keep

31  detailed accounts, current within not more than 2 days after

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  1  the date of receiving a contribution or making an expenditure,

  2  of all contributions received and all expenditures made by or

  3  on behalf of the candidate or political committee that are

  4  required to be set forth in a statement filed under this

  5  chapter. The campaign treasurer shall also keep detailed

  6  accounts of all deposits made in any separate interest-bearing

  7  account or certificate of deposit and of all withdrawals made

  8  therefrom to the primary depository and of all interest earned

  9  thereon.

10         (2)  Accounts, including separate interest-bearing

11  accounts and certificates of deposit, kept by the campaign

12  treasurer of a candidate or political committee and the

13  candidate may be inspected under reasonable circumstances

14  before, during, or after the election to which the accounts

15  refer by any authorized representative of the Division of

16  Elections or the Florida Elections Commission.  The right of

17  inspection may be enforced by appropriate writ issued by any

18  court of competent jurisdiction. The campaign treasurer of a

19  political committee supporting a candidate may be joined with

20  the campaign treasurer of the candidate and the candidate as

21  respondent in such a proceeding.

22         (3)  The campaign treasurer of a candidate shall

23  deliver all accounts of the campaign to the candidate within

24  30 days after the candidate files his termination report.

25  Accounts kept by a campaign treasurer of a candidate shall be

26  preserved by the candidate campaign treasurer for a number of

27  years equal to the term of office of the office to which the

28  candidate seeks election.  Accounts kept by a campaign

29  treasurer of a political committee shall be preserved by such

30  treasurer for at least 2 years after the date of the election

31  to which the accounts refer. If the campaign treasurer of a

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  1  candidate fails to deliver all accounts of the campaign to the

  2  candidate within 30 days after the candidate files his or her

  3  termination report, the candidate shall report the failure to

  4  the Florida Elections Commission. Notwithstanding any other

  5  provision of law, the commission shall assess a civil penalty

  6  of $5,000 against any campaign treasurer of a candidate or

  7  campaign treasurer of a political committee found in violation

  8  of this subsection.

  9         Section 11.  Subsections (1) and (4) of section 106.07,

10  Florida Statutes, are amended to read:

11         106.07  Reports; certification and filing.--

12         (1)  Each candidate and each campaign treasurer

13  designated by a candidate or political committee pursuant to

14  s. 106.021 shall file regular reports of all contributions

15  received, and all expenditures made, by or on behalf of such

16  candidate or political committee.  Reports shall be filed on

17  the 10th day following the end of each calendar quarter from

18  the time the campaign treasurer is appointed, except that, if

19  the 10th day following the end of a calendar quarter occurs on

20  a Saturday, Sunday, or legal holiday, the report shall be

21  filed on the next following day which is not a Saturday,

22  Sunday, or legal holiday.  Quarterly reports shall include all

23  contributions received and expenditures made during the

24  calendar quarter which have not otherwise been reported

25  pursuant to this section.

26         (a)  Except as provided in paragraph (b), following the

27  last day of qualifying for office, the reports shall be filed

28  on the 32nd, 18th, and 4th days immediately preceding the

29  first primary and on the 18th and 4th days immediately

30  preceding the second primary and general election, for a

31  candidate who is opposed in seeking nomination or election to

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  1  any office, for a political committee, or for a committee of

  2  continuous existence.

  3         (b)  Following the last day of qualifying for office,

  4  any statewide candidate who has requested to receive

  5  contributions from the Election Campaign Financing Trust Fund

  6  or any statewide candidate in a race with a candidate who has

  7  requested to receive contributions from the trust fund shall

  8  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

  9  to the first primary and general elections, and on the 4th,

10  11th, 18th, and 25th days prior to the second primary.

11         (c)  Following the last day of qualifying for office,

12  any unopposed candidate need only file a report within 90 days

13  after the date such candidate became unopposed.  Such report

14  shall contain all previously unreported contributions and

15  expenditures as required by this section and shall reflect

16  disposition of funds as required by s. 106.141.

17         (d)1.  When a special election is called to fill a

18  vacancy in office, all political committees and committees of

19  continuous existence making contributions or expenditures to

20  influence the results of such special election shall file

21  campaign treasurers' reports with the filing officer on the

22  dates set by the Department of State pursuant to s. 100.111.

23         2.  When an election is called for an issue to appear

24  on the ballot at a time when no candidates are scheduled to

25  appear on the ballot, all political committees making

26  contributions or expenditures in support of or in opposition

27  to such issue shall file reports on the 18th and 4th days

28  prior to such election.

29         (e)  The filing officer shall provide each candidate

30  with a schedule designating the beginning and end of reporting

31  periods as well as the corresponding designated due dates.

                                  17

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  1         (4)(a)  Each report required by this section shall

  2  contain:

  3         1.  The full name, address, and  occupation, if any of

  4  each person who has made one or more contributions to or for

  5  such committee or candidate within the reporting period,

  6  together with the amount and date of such contributions. For

  7  corporations, the report must provide as clear a description

  8  as practicable of the principal type of business conducted by

  9  the corporation.  However, if the contribution is $100 or less

10  or is from a relative, as defined in s. 112.312, provided that

11  the relationship is reported, the occupation of the

12  contributor or the principal type of business need not be

13  listed.

14         2.  The name and address of each political committee

15  from which the reporting committee or the candidate received,

16  or to which the reporting committee or candidate made, any

17  transfer of funds, together with the amounts and dates of all

18  transfers.

19         3.  Each loan for campaign purposes to or from any

20  person or political committee within the reporting period,

21  together with the full names, addresses, and occupations, and

22  principal places of business, if any, of the lender and

23  endorsers, if any, and the date and amount of such loans.

24         4.  A statement of each contribution, rebate, refund,

25  or other receipt not otherwise listed under subparagraphs 1.

26  through 3.

27         5.  The total sums of all loans, in-kind contributions,

28  and other receipts by or for such committee or candidate

29  during the reporting period. The reporting forms shall be

30  designed to elicit separate totals for in-kind contributions,

31  loans, and other receipts.

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  1         6.  The full name and address of each person to whom

  2  expenditures have been made by or on behalf of the committee

  3  or candidate within the reporting period; the amount, date,

  4  and purpose of each such expenditure; and the name and address

  5  of, and office sought by, each candidate on whose behalf such

  6  expenditure was made.  However, expenditures made from the

  7  petty cash fund provided by s. 106.12 need not be reported

  8  individually.

  9         7.  The full name and address of each person to whom an

10  expenditure for personal services, salary, or reimbursement

11  for authorized expenses has been made and which is not

12  otherwise reported, including the amount, date, and purpose of

13  such expenditure. Reimbursement for authorized expenses may

14  not exceed $500 per reporting period and may be made only for

15  transportation expenses, lodging, and meals. Receipts for

16  reimbursed expenses must be maintained as required by s.

17  106.06. However, Expenditures made from the petty cash fund

18  provided for in s. 106.12 need not be reported individually,

19  but receipts for petty cash expenditures must be maintained as

20  required by s. 106.06.

21         8.  The full name and address of each person who

22  supplies communications media services to the candidate or

23  political committee, regardless of whether the person was paid

24  directly or indirectly by the campaign.

25         9.8.  The total amount withdrawn and the total amount

26  spent for petty cash purposes pursuant to this chapter during

27  the reporting period.

28         10.9.  The total sum of expenditures made by such

29  committee or candidate during the reporting period.

30

31

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  1         11.10.  The amount and nature of debts and obligations

  2  owed by or to the committee or candidate, which relate to the

  3  conduct of any political campaign.

  4         12.11.  A copy of each credit card statement which

  5  shall be included in the next report following receipt thereof

  6  by the candidate or political committee. Receipts for each

  7  credit card purchase shall be retained by the treasurer with

  8  the records for the campaign account.

  9         13.12.  The amount and nature of any separate

10  interest-bearing accounts or certificates of deposit and

11  identification of the financial institution in which such

12  accounts or certificates of deposit are located.

13         (b)  The filing officer shall make available to any

14  candidate or committee a reporting form which the candidate or

15  committee may use to indicate contributions received by the

16  candidate or committee but returned to the contributor before

17  deposit.

18         Section 12.  Section 106.071, Florida Statutes, is

19  amended to read:

20         106.071  Independent expenditures; reports;

21  disclaimers.--

22         (1)  Each person who makes an independent expenditure

23  with respect to any candidate or issue, which expenditure, in

24  the aggregate, is in the amount of $100 or more, shall file

25  periodic reports of such expenditures in the same manner, at

26  the same time, and with the same officer as a political

27  committee supporting or opposing such candidate or issue.  The

28  report shall contain the full name and address of each person

29  to whom and for whom each such expenditure has been made; the

30  amount, date, and purpose of each such expenditure; a

31  description of the services or goods obtained by each such

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  1  expenditure; and the name and address of, and office sought

  2  by, each candidate on whose behalf such expenditure was made.

  3  Any political advertisement paid for by an independent

  4  expenditure shall include a readily readable disclaimer that

  5  states: prominently state "Paid political advertisement paid

  6  for by ...(Name of person or committee paying for

  7  advertisement)... independently of any ...(candidate or

  8  committee)...," and shall also contain the name and address of

  9  the individual who pays person paying for the political

10  advertisement. If the person paying for the political

11  advertisement is a combination of individuals, the names of

12  the individuals paying for the advertisement must be included

13  in the disclaimer.

14         (2)  This section does not apply to a political

15  advertisement supporting or opposing a candidate which:

16         (a)  Is paid for by an individual acting alone who is

17  not a candidate;

18         (b)  Is paid for by an individual spending his or her

19  own resources; and

20         (c)  Costs less than $100.

21

22  However, the political advertisement must include a disclaimer

23  that states: "Paid political advertisement."

24         (3)(2)  Any person who fails to include the disclaimer

25  prescribed in subsection (1) or who includes a false

26  disclaimer in any political advertisement which is required to

27  contain such disclaimer is guilty of a misdemeanor of the

28  first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         (4)  Notwithstanding any other provision of law, the

31  commission shall assess a civil penalty of $5,000 against any

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  1  person found to have included a false disclaimer in a

  2  political advertisement paid for by an independent

  3  expenditure.

  4         (3)  No person may make a contribution in excess of

  5  $1,000 to any other person, to be used by such other person to

  6  make an independent expenditure.

  7         Section 13.  Section 106.08, Florida Statutes, is

  8  amended to read:

  9         106.08  Contributions; limitations on.--

10         (1)(a)  Except for political parties, no person,

11  political committee, or committee of continuous existence may,

12  in any election, make contributions in excess of $500 to any

13  candidate for election to or retention in office or to any

14  political committee supporting or opposing one or more

15  candidates. Candidates for the offices of Governor and

16  Lieutenant Governor on the same ticket are considered a single

17  candidate for the purpose of this section.

18         (b)1.  The contribution limits provided in this

19  subsection do not apply to contributions made by a state or

20  county executive committee of a political party regulated by

21  chapter 103 or to amounts contributed by a candidate to his or

22  her own campaign.

23         2.  Notwithstanding the limits provided in this

24  subsection, an unemancipated child under the age of 18 years

25  of age may not make a contribution in excess of $100 to any

26  candidate or to any political committee supporting one or more

27  candidates.

28         (c)  The contribution limits of this subsection apply

29  to each election. For purposes of this subsection, the first

30  primary, second primary, and general election are separate

31  elections so long as the candidate is not an unopposed

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  1  candidate as defined in s. 106.011(15).  However, for the

  2  purpose of contribution limits with respect to candidates for

  3  retention as a justice or judge, there is only one election,

  4  which is the general election. With respect to candidates in a

  5  circuit holding an election for circuit judge or in a county

  6  holding an election for county court judge, there are only two

  7  elections, which are the first primary election and general

  8  election.

  9         (2)(a)  A candidate may not accept contributions from

10  national, state, including any subordinate committee of a

11  national, state, or county committee of a political party, and

12  county executive committees of a political party, which

13  contributions in the aggregate exceed $50,000, no more than

14  $25,000 of which may be accepted prior to the 28-day period

15  immediately preceding the date of the general election.

16         (b)  Polling services, research services, costs for

17  campaign staff, professional consulting services, and

18  telephone calls are not contributions to be counted toward the

19  contribution limits of paragraph (a).  Any item not expressly

20  identified in this paragraph as nonallocable is a contribution

21  in an amount equal to the fair market value of the item and

22  must be counted as allocable toward the $50,000 contribution

23  limits of paragraph (a). Nonallocable, in-kind contributions

24  must be reported by the candidate under s. 106.07 and by the

25  political party under s. 106.29.

26         (3)(a)  Any contribution received by a candidate with

27  opposition in an election or by the campaign treasurer or a

28  deputy campaign treasurer of such a candidate on the day of

29  that election or less than 5 days prior to the day of that

30  election must be returned by him or her to the person or

31

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  1  committee contributing it and may not be used or expended by

  2  or on behalf of the candidate.

  3         (b)  Except as otherwise provided in paragraph (c), any

  4  contribution received by a candidate or by the campaign

  5  treasurer or a deputy campaign treasurer of a candidate after

  6  the date at which the candidate withdraws his or her

  7  candidacy, or after the date the candidate is defeated,

  8  becomes unopposed, or is elected to office must be returned to

  9  the person or committee contributing it and may not be used or

10  expended by or on behalf of the candidate.

11         (c)  With respect to any campaign for an office in

12  which an independent or minor party candidate has filed as

13  required in s. 99.0955 or s. 99.096, but whose qualification

14  is pending a determination by the Department of State or

15  supervisor of elections as to whether or not the required

16  number of petition signatures was obtained:

17         1.  The department or supervisor shall, no later than 3

18  days after that determination has been made, notify in writing

19  all other candidates for that office of that determination.

20         2.  Any contribution received by a candidate or the

21  campaign treasurer or deputy campaign treasurer of a candidate

22  after the candidate has been notified in writing by the

23  department or supervisor that he or she has become unopposed

24  as a result of an independent or minor party candidate failing

25  to obtain the required number of petition signatures shall be

26  returned to the person, political committee, or committee of

27  continuous existence contributing it and shall not be used or

28  expended by or on behalf of the candidate.

29         (4)  Any contribution received by the chair, campaign

30  treasurer, or deputy campaign treasurer of a political

31  committee supporting or opposing a candidate with opposition

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  1  in an election or supporting or opposing an issue on the

  2  ballot in an election on the day of that election or less than

  3  5 days prior to the day of that election may not be obligated

  4  or expended by the committee until after the date of the

  5  election.

  6         (5)(a)  A person may not make any contribution through

  7  or in the name of another, directly or indirectly, in any

  8  election.

  9         (b)  Candidates, political committees, and political

10  parties may not solicit contributions from or make

11  contributions to any religious, charitable, civic, or other

12  causes or organizations established primarily for the public

13  good.

14         (c)1.  Candidates, political committees, and political

15  parties may not make contributions from campaign funds to any

16  religious, charitable, civic, or other causes or organizations

17  established primarily for the public good.  However, it is not

18  a violation of this paragraph subsection for a candidate,

19  political committee, or political party executive committee to

20  make gifts of money in lieu of flowers in memory of a deceased

21  person from campaign funds.or for a

22         2.  A candidate may to continue membership in, or make

23  regular donations from personal or business funds to,

24  religious, political party, civic, or charitable groups of

25  which the candidate is a member or to which the candidate has

26  been a regular donor for more than 6 months as long as the

27  funds for these expenditures are not from campaign funds.

28         3.  A candidate may purchase, with campaign funds,

29  tickets, admission to events, or advertisements from

30  religious, civic, political party, or charitable groups as

31

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  1  long as the expenditure is made for purposes of influencing

  2  the election.

  3         (6)  A political party may not accept any contribution

  4  which has been specifically designated for the partial or

  5  exclusive use of a particular candidate.  Any contribution so

  6  designated must be returned to the contributor and may not be

  7  used or expended by or on behalf of the candidate.

  8         (7)(a)  Any person who knowingly and willfully makes a

  9  single no more than one contribution in violation of

10  subsection (1) or subsection (5), or any person who knowingly

11  and willfully fails or refuses to return a single any

12  contribution as required in subsection (3), commits a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083.  If any corporation, partnership, or

15  other business entity or any political party, political

16  committee, or committee of continuous existence is convicted

17  of knowingly and willfully violating any provision punishable

18  under this paragraph, it shall be fined not less than $1,000

19  and not more than $10,000.  If it is a domestic entity, it may

20  be ordered dissolved by a court of competent jurisdiction; if

21  it is a foreign or nonresident business entity, its right to

22  do business in this state may be forfeited.  Any officer,

23  partner, agent, attorney, or other representative of a

24  corporation, partnership, or other business entity or of a

25  political party, political committee, or committee of

26  continuous existence who aids, abets, advises, or participates

27  in a violation of any provision punishable under this

28  paragraph commits a misdemeanor of the first degree,

29  punishable as provided in s. 775.082 or s. 775.083.

30         (b)  Any person who knowingly and willfully makes two

31  or more contributions in violation of subsection (1) or

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  1  subsection (5) or any person who knowingly and willfully fails

  2  or refuses to return two or more contributions as required in

  3  subsection (3) commits a felony of the third degree,

  4  punishable as provided in s. 775.082, s. 775.083, or s.

  5  775.084.  If any person, corporation, partnership, or other

  6  business entity or any political party, political committee,

  7  or committee of continuous existence is convicted of knowingly

  8  and willfully violating any provision punishable under this

  9  paragraph, it shall be fined not less than $10,000 and not

10  more than $50,000.  If it is a domestic entity, it may be

11  ordered dissolved by a court of competent jurisdiction; if it

12  is a foreign or nonresident business entity, its right to do

13  business in this state may be forfeited.  Any officer,

14  partner, agent, attorney, or other representative of a

15  corporation, partnership, or other business entity, or of a

16  political committee, committee of continuous existence, or

17  political party who aids, abets, advises, or participates in a

18  violation of any provision punishable under this paragraph

19  commits a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084.

21         (8)  Except when otherwise provided in subsection (7),

22  any person who knowingly and willfully violates any provision

23  of this section shall, in addition to any other penalty

24  prescribed by this chapter, pay to the state a sum equal to

25  twice the amount contributed or received in violation of this

26  chapter. The person Each campaign treasurer shall pay all

27  amounts contributed in violation of this section to the

28  Florida Elections Commission state for deposit in the

29  Elections Commission Trust General Revenue Fund.

30         (9)  This section does not apply to the transfer of

31  funds between a primary campaign depository and a savings

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  1  account or certificate of deposit or to any interest earned on

  2  such account or certificate.

  3         Section 14.  Section 106.09, Florida Statutes, is

  4  amended to read:

  5         106.09  Cash contributions and contribution by

  6  cashier's checks.--

  7         (1)  No person shall make or accept a cash contribution

  8  or contribution by means of a cashier's check or money order

  9  in excess of $100.

10         (2)  A candidate, political committee, committee of

11  continuous existence, or political party, or any agent or

12  person acting on behalf of any candidate, political committee,

13  committee of continuous existence, or political party may not

14  accept for a candidate, political committee, committee of

15  continuous existence, or political party a cash contribution

16  or contribution by means of a cashier's check or money order

17  in excess of $100 per donor per election.

18         (3)(2)  Any person who makes or accepts a contribution

19  in violation of this section is guilty of a misdemeanor of the

20  first degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         Section 15.  Subsection (4) of section 106.11, Florida

23  Statutes, is amended to read:

24         106.11  Expenses of and expenditures by candidates and

25  political committees.--Each candidate and each political

26  committee which designates a primary campaign depository

27  pursuant to s. 106.021(1) shall make expenditures from funds

28  on deposit in such primary campaign depository only in the

29  following manner, with the exception of expenditures made from

30  petty cash funds provided by s. 106.12: violation of this

31  chapter.

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  1         (4)  A candidate who withdraws his or her candidacy,

  2  becomes an unopposed candidate, or is eliminated as a

  3  candidate or elected to office may expend funds from the

  4  campaign account to:

  5         (a)  Purchase "thank you" advertising for up to 75 days

  6  after he or she withdraws, becomes unopposed, or is eliminated

  7  or elected.

  8         (b)  Pay for items which were obligated before he or

  9  she withdrew, became unopposed, or was eliminated or elected.

10  However, the obligation must have been made in writing prior

11  to the date the candidate became an unopposed candidate, was

12  eliminated as a candidate, or was elected to office and must

13  be legally enforceable.

14         (c)  Pay for expenditures necessary to close down the

15  campaign office and to prepare final campaign reports.

16         (d)  Dispose of surplus funds as provided in s.

17  106.141.

18         Section 16.  Section 106.12, Florida Statutes, is

19  amended to read:

20         106.12  Petty cash funds allowed.--

21         (1)  Each campaign treasurer designated pursuant to s.

22  106.021(1) for a candidate or political committee is

23  authorized to withdraw from the primary campaign account,

24  until the close of the last day for qualifying for office, the

25  amount of $500 per calendar quarter reporting period for the

26  purpose of providing a petty cash fund for the candidate or

27  political committee.

28         (2)  Following the close of the last day for qualifying

29  and until the last election in a given election period in

30  which the political committee participates, the campaign

31  treasurer of each political committee is authorized to

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  1  withdraw the following amount each week from the primary

  2  depository campaign account for the purpose of providing a

  3  petty cash fund for the political committee, and, following

  4  the close of the last day for qualifying and until the

  5  election at which such candidate is eliminated or elected to

  6  office, or the time at which the candidate becomes unopposed,

  7  the campaign treasurer of each candidate is authorized to

  8  withdraw the following amount each week from the primary

  9  depository campaign account for the purpose of providing a

10  petty cash fund for the candidate:

11         (a)  For all candidates for nomination or election on a

12  statewide basis, $500 per week.

13         (b)  For all other candidates and all political

14  committees, $250 $100 per week.

15         (3)  The petty cash fund so provided may shall be spent

16  only in amounts less than $30 and only for office supplies,

17  transportation expenses, and meals other necessities. Petty

18  cash may shall not be used for the purchase of time, space, or

19  services from communications media as defined in s.

20  106.011(13). Receipts for petty cash expenditures must be

21  maintained as required by s. 106.06.

22         Section 17.  Section 106.1405, Florida Statutes, is

23  amended to read:

24         106.1405  Use of campaign funds.--

25         (1)  A candidate or the spouse of a candidate may not

26  use funds on deposit in a campaign account of such candidate

27  to defray normal living expenses for the candidate or the

28  candidate's family, other than expenses actually incurred for

29  transportation, meals, and lodging by the candidate or a

30  family member during travel in the course of the campaign. If

31  a member of a candidate's family provides goods or services to

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  1  the campaign in excess of $500, there must be an enforceable,

  2  written contract between the candidate and the member of his

  3  or her family prior to the provision of any goods or services.

  4  The contract must specify the specific goods or services to be

  5  provided. If the family member is providing services, the

  6  number of hours to be worked each pay period, the rate of pay,

  7  and the duration of the contract must be included. The

  8  contract and all receipts for payment must be maintained as

  9  required by s. 106.06.

10         (2)  A candidate may not pay either directly or

11  indirectly any fines for violations of the election code out

12  of the candidate's campaign account or out of an office

13  account established under s. 106.141(5).

14         Section 18.  Section 106.141, Florida Statutes, is

15  amended to read:

16         106.141  Disposition of surplus funds by candidates.--

17         (1)  Each candidate who withdraws his or her candidacy,

18  becomes an unopposed candidate, or is eliminated as a

19  candidate or elected to office shall, within 90 days, dispose

20  of the funds on deposit in his or her campaign account and

21  file a report reflecting the disposition of all remaining

22  funds. Such candidate shall not accept any contributions, nor

23  shall any person accept contributions on behalf of such

24  candidate, after the candidate withdraws his or her candidacy,

25  becomes unopposed, or is eliminated or elected. However, if a

26  candidate receives a refund check after all surplus funds have

27  been disposed of, the check may be endorsed by the candidate

28  and the refund disposed of under this section.  An amended

29  report must be filed showing the refund and subsequent

30  disposition.

31

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  1         (2)  A Any candidate required to dispose of funds

  2  pursuant to this section may not, prior to such disposition,

  3  be reimbursed by the campaign, in full or in part, for any

  4  reported contributions or loans made by the candidate to the

  5  campaign. If, however, the candidate returns leftover funds to

  6  the contributors pursuant to paragraph (4)(a), the candidate

  7  may receive a pro rata share of the leftover funds.

  8         (3)  The campaign treasurer of a candidate who

  9  withdraws his or her candidacy, becomes unopposed, or is

10  eliminated as a candidate or elected to office and who has

11  funds on deposit in a separate interest-bearing account or

12  certificate of deposit shall, within 7 days after the date of

13  becoming unopposed or the date of such withdrawal,

14  elimination, or election, transfer such funds and the

15  accumulated interest earned thereon to the campaign account of

16  the candidate for disposal under this section.  However, if

17  the funds are in an account in which penalties will apply for

18  withdrawal within the 7-day period, the campaign treasurer

19  shall transfer such funds and the accumulated interest earned

20  thereon as soon as the funds can be withdrawn without penalty,

21  or within 90 days after the candidate becomes unopposed,

22  withdraws his or her candidacy, or is eliminated or elected,

23  whichever comes first.

24         (4)(a)  Except as provided in paragraph (b), any

25  candidate required to dispose of funds pursuant to this

26  section shall, at the option of the candidate, dispose of such

27  funds by any of the following means, or any combination

28  thereof:

29         1.  Return pro rata to each contributor the funds that

30  have not been spent or obligated. If the candidate contributed

31

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  1  to his or her campaign, the candidate may receive a pro rata

  2  share of the returned contributions.

  3         2.  Donate the funds that have not been spent or

  4  obligated to a charitable organization or organizations that

  5  meet the qualifications of s. 501(c)(3) of the Internal

  6  Revenue Code.

  7         3.  Give not more than $10,000 of the funds that have

  8  not been spent or obligated to the political party of which

  9  such candidate is a member.

10         4.  Give the funds that have not been spent or

11  obligated:

12         a.  In the case of a candidate for state office, to the

13  state, to be deposited in either the Election Campaign

14  Financing Trust Fund or the General Revenue Fund, as

15  designated by the candidate; or

16         b.  In the case of a candidate for an office of a

17  political subdivision, to such political subdivision, to be

18  deposited in the general fund thereof.

19         (b)  Any candidate required to dispose of funds

20  pursuant to this section who has received contributions from

21  the Election Campaign Financing Trust Fund shall return all

22  surplus campaign funds to the Election Campaign Financing

23  Trust Fund.

24         (5)  A candidate elected to office or a candidate who

25  will be elected to office by virtue of his or her being

26  unopposed may, in addition to the disposition methods provided

27  in subsection (4), transfer from the campaign account to an

28  office account any amount of the funds on deposit in such

29  campaign account up to:

30         (a)  Twenty Ten thousand dollars, for a candidate for

31  statewide office.  The Governor and Lieutenant Governor shall

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  1  be considered separate candidates for the purpose of this

  2  section.

  3         (b)  Ten Five thousand dollars, for a candidate for

  4  multicounty office.

  5         (c)  Five Two thousand five hundred dollars multiplied

  6  by the number of years in the term of office for which

  7  elected, for a candidate for legislative office.

  8         (d)  Two One thousand dollars multiplied by the number

  9  of years in the term of office for which elected, for a

10  candidate for county office or for a candidate in any election

11  conducted on less than a countywide basis.

12         (e)  Twelve Six thousand dollars, for a candidate for

13  retention as a justice of the Supreme Court.

14         (f)  Six Three thousand dollars, for a candidate for

15  retention as a judge of a district court of appeal.

16         (g)  Three One thousand five hundred dollars, for a

17  candidate for county court judge or circuit judge.

18

19  The office account established pursuant to this subsection

20  shall be separate from any personal or other account.  Any

21  funds so transferred by a candidate shall be used only for

22  legitimate expenses in connection with the candidate's public

23  office.  Such expenses may include travel expenses incurred by

24  the officer or a staff member, personal taxes payable on

25  office account funds by the candidate or elected public

26  official, or expenses incurred in the operation of his or her

27  office, including the employment of additional staff. Receipts

28  for office expenditures must be preserved by the candidate for

29  the number of years equal to the term of office to which the

30  candidate was elected. Receipts may be inspected under

31  reasonable circumstances by any authorized representative of

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  1  the commission, by the filing officer of the candidate, and by

  2  the governmental entity that is responsible for paying the

  3  officeholder's salary. The funds may be deposited in a savings

  4  account; however, all deposits, withdrawals, and interest

  5  earned thereon shall be reported at the appropriate reporting

  6  period. If a candidate is reelected to office or elected to

  7  another office and has funds remaining in his or her office

  8  account, he or she may transfer surplus campaign funds to the

  9  office account. At no time may the funds in the office account

10  exceed the limitation imposed by this subsection. Upon leaving

11  public office, any person who has funds in an office account

12  pursuant to this subsection remaining on deposit shall give

13  such funds to a charitable organization or organizations which

14  meet the requirements of s. 501(c)(3) of the Internal Revenue

15  Code or, in the case of a state officer, to the state to be

16  deposited in the General Revenue Fund or, in the case of an

17  officer of a political subdivision, to the political

18  subdivision to be deposited in the general fund thereof.

19         (6)  Prior to disposing of funds pursuant to subsection

20  (4) or transferring funds into an office account pursuant to

21  subsection (5), any candidate who filed an oath stating that

22  he or she was unable to pay the election assessment or fee for

23  verification of petition signatures without imposing an undue

24  burden on his or her personal resources or on resources

25  otherwise available to him or her, or who filed both such

26  oaths, or who qualified by the alternative method and was not

27  required to pay an election assessment, shall reimburse the

28  state or local governmental entity, whichever is applicable,

29  for such waived assessment or fee or both.  Such reimbursement

30  shall be made first for the cost of petition verification and

31  then, if funds are remaining, for the amount of the election

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  1  assessment.  If there are insufficient funds in the account to

  2  pay the full amount of either the assessment or the fee or

  3  both, the remaining funds shall be disbursed in the above

  4  manner until no funds remain.  All funds disbursed pursuant to

  5  this subsection shall be remitted to the qualifying officer.

  6  Any reimbursement for petition verification costs which are

  7  reimbursable by the state shall be forwarded by the qualifying

  8  officer to the state for deposit in the General Revenue Fund.

  9  All reimbursements for the amount of the election assessment

10  shall be forwarded by the qualifying officer to the Department

11  of State for deposit in the Elections Commission Trust Fund.

12         (7)  Any candidate required to dispose of campaign

13  funds pursuant to this section shall do so within the time

14  required by this section and shall, on or before the date by

15  which such disposition is to have been made, file with the

16  officer with whom reports are required to be filed pursuant to

17  s. 106.07 a form prescribed by the Division of Elections

18  listing:

19         (a)  The name and address of each person or unit of

20  government to whom any of the funds were distributed and the

21  amounts thereof;

22         (b)  The name and address of each person to whom an

23  expenditure was made, together with the amount thereof and

24  purpose therefor; and

25         (c)  The amount of such funds transferred to an office

26  account by the candidate, together with the name and address

27  of the bank in which the office account is located.

28

29  Such report shall be signed by the candidate and the campaign

30  treasurer and certified as true and correct pursuant to s.

31  106.07. Any candidate failing to file a report on the

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  1  designated due date shall be subject to a fine as provided in

  2  s. 106.07 for submitting late reports.

  3         (8)  Any candidate elected to office who transfers

  4  surplus campaign funds into an office account pursuant to

  5  subsection (5) shall file a report on the 10th day following

  6  the end of each calendar quarter until the account is closed.

  7  Such reports shall contain the name and address of each person

  8  to whom any disbursement of funds was made, together with the

  9  amount thereof and the purpose therefor, and the name and

10  address of any person from whom the elected candidate received

11  any refund or reimbursement and the amount thereof.  Such

12  reports shall be on forms prescribed by the Division of

13  Elections, signed by the elected candidate, certified as true

14  and correct, and filed with the officer with whom campaign

15  reports were filed pursuant to s. 106.07(2).

16         (9)  Any candidate, or any person on behalf of a

17  candidate, who accepts contributions after such candidate has

18  withdrawn his or her candidacy, after the candidate has become

19  an unopposed candidate, or after the candidate has been

20  eliminated as a candidate or elected to office commits a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         (10)  Any candidate who is required by the provisions

24  of this section to dispose of funds in his or her campaign

25  account and who fails to dispose of the funds in the manner

26  provided in this section commits a misdemeanor of the first

27  degree, punishable as provided in s. 775.082 or s. 775.083.

28         Section 19.  Section 106.143, Florida Statutes, is

29  amended to read:

30         106.143  Political advertisements circulated prior to

31  election; requirements.--

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  1         (1)  Any political advertisement and any campaign

  2  literature published, displayed, or circulated prior to, or on

  3  the day of, any election shall include a disclaimer that must

  4  be:

  5         (a)  Readily readable.

  6         (b)  Marked "paid political advertisement" or with the

  7  abbreviation "pd. pol. adv."

  8         (c)  Marked "paid for by"...(name of candidate or

  9  person paying for the advertisement)...."

10         (d)  If the candidate is running in an election that

11  has partisan primaries, marked with the name or abbreviation

12  of the political party to which the candidate belongs or with

13  "no party affiliation" if the candidate is running

14  independently of party affiliation.

15         (e)  Marked "provided in-kind by ...(name of donor)..."

16  or "cost partially provided in-kind by ...(name of donor)...,"

17  if applicable. In-kind contributions include, but are not

18  limited to, costs for designing, printing, publishing,

19  distributing, displaying, broadcasting, or circulating a

20  political advertisement.

21

22  This subsection does not apply to campaign messages used by a

23  candidate or the candidate's supporters which are designed to

24  be worn by a person.

25         (a)  Be marked "paid political advertisement" or with

26  the abbreviation "pd. pol. adv."

27         (b)  Identify the persons or organizations sponsoring

28  the advertisement.

29         (c)1.

30         a.  State whether the advertisement and the cost of

31  production is paid for or provided in kind by or at the

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  1  expense of the entity publishing, displaying, broadcasting, or

  2  circulating the political advertisement; or

  3         b.  State who provided or paid for the advertisement

  4  and cost of production, if different from the source of

  5  sponsorship.

  6         2.  This paragraph shall not apply if the source of the

  7  sponsorship is patently clear from the content or format of

  8  the political advertisement or campaign literature.

  9

10  This subsection does not apply to campaign messages used by a

11  candidate and the candidate's supporters if those messages are

12  designed to be worn by a person.

13         (2)  Any political advertisement of a candidate running

14  for partisan office shall express the name of the political

15  party of which the candidate is seeking nomination or is the

16  nominee.  If the candidate for partisan office is running as a

17  candidate with no party affiliation, any political

18  advertisement of the candidate must state that the candidate

19  has no party affiliation.

20         (2)(3)  It is unlawful for any candidate or person on

21  behalf of a candidate to represent that any person or

22  organization supports such candidate, unless the person or

23  organization so represented has given specific approval in

24  writing to the candidate to make such representation.

25  However, this subsection does not apply to:

26         (a)  Editorial endorsement by any newspaper, radio or

27  television station, or other recognized news medium.

28         (b)  Publication by a party committee advocating the

29  candidacy of its nominees.

30         (3)(4)(a)  Any political advertisement, including those

31  paid for by a political party, other than an independent

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  1  expenditure, offered by or on behalf of a candidate must be

  2  approved in advance by the candidate.  Such political

  3  advertisement must expressly state that the content of the

  4  advertisement was approved by the candidate and must state who

  5  paid for the advertisement.  The candidate shall provide a

  6  written statement of authorization to the newspaper, radio

  7  station, television station, or other medium for each such

  8  advertisement submitted for publication, display, broadcast,

  9  or other distribution.

10         (b)  Any person who makes an independent expenditure

11  for a political advertisement shall provide a written

12  statement that no candidate has approved the advertisement to

13  the newspaper, radio station, television station, or other

14  medium for each such advertisement submitted for publication,

15  display, broadcast, or other distribution.  The advertisement

16  must also contain a statement that no candidate has approved

17  the advertisement.

18         (c)  This subsection does not apply to campaign

19  messages used by a candidate and his or her supporters if

20  those messages are designed to be worn by a person.

21         (4)(5)  No political advertisement of a candidate who

22  does is not hold an incumbent of the office for which the

23  candidate is running shall use the word "re-elect."

24  Additionally, such advertisement must include the word "for"

25  between the candidate's name and the office for which the

26  candidate is running, unless the advertisement implies that

27  the candidate is not the incumbent in order that incumbency is

28  not implied. This subsection does not apply to bumper stickers

29  or items designed to be worn by a person.

30

31

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  1         (5)(6)  This section does not apply to novelty items

  2  having a retail value of $10 or less which support, but do not

  3  oppose, a candidate or issue.

  4         (6)(7)  Any political advertisement which is published,

  5  displayed, or produced in a language other than English may

  6  provide the information required by this section in the

  7  language used in the advertisement.

  8         (7)(8)  Any person who willfully violates any provision

  9  of this section is subject to the civil penalties prescribed

10  in s. 106.265.

11         Section 20.  Section 106.144, Florida Statutes, is

12  amended to read:

13         106.144  Endorsements or opposition by certain groups

14  and organizations.--

15         (1)  Any group, club, association, or other

16  organization, except organizations affiliated with political

17  parties regulated by chapter 103, which endorses intends to

18  endorse or opposes opposes the candidacy of one or more

19  candidates for public office, or which endorses or opposes any

20  referendum, by means of political advertisements shall, within

21  72 hours after prior to publishing, issuing, broadcasting, or

22  otherwise distributing such advertisement, file a statement as

23  provided by this section with the officer or officers provided

24  in this section. Such statement shall be filed with the

25  officer before whom each candidate that the organization

26  endorses intends to endorse or opposes oppose qualified for

27  office pursuant to law. Each statement shall contain the

28  following information:

29         (a)  The date the organization was chartered and the

30  number of members during the most recent 12 months and how

31  many of these members, if any, have paid dues;

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  1         (b)  A list of current officers or directors of such

  2  organization and a statement as to their method of selection;

  3         (c)  A statement of the procedures used by such

  4  organization in determining which candidates to endorse or

  5  oppose;

  6         (d)  If political advertisements for endorsement or

  7  opposition were purposes are to be paid from funds other than

  8  the dues of the membership of the organization, a statement

  9  describing the sources of such funds; and

10         (e)  The amount of funds paid to the organization by

11  candidates for public office, including payments in the form

12  of dues, and the name of, and office sought by, each such

13  candidate.

14         (2)  Any officer, director, or other person acting on

15  behalf of an organization who willfully violates the

16  provisions of subsection (1) is subject to the civil penalties

17  prescribed in s. 106.265.

18         Section 21.  Subsection (3) of section 106.15, Florida

19  Statutes, is amended to read:

20         106.15  Certain acts prohibited.--

21         (3)  A No candidate may not shall, in the furtherance

22  of his or her candidacy for nomination or election to public

23  office in any election, use the services of any officer or

24  employee of the government state during working hours.

25         Section 22.  Section 106.18, Florida Statutes, is

26  amended to read:

27         106.18  When a candidate's name to be omitted from

28  ballot.--

29         (1)  The name of a candidate shall not be printed on

30  the ballot for an election if within the past 2 years the

31  candidate has been is convicted of violating s. 106.19 or has

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  1  been found by the Florida Elections Commission to have

  2  violated s. 106.19(1).

  3         (2)  Any candidate whose name is removed from the

  4  ballot pursuant to subsection (1) is disqualified as a

  5  candidate for office.  If the disqualification of such

  6  candidate results in a vacancy in nomination, such vacancy

  7  shall be filled by a person other than such candidate in the

  8  manner provided by law.

  9         (3)  No certificate of election shall be granted to any

10  candidate until all preelection reports required by s. 106.07

11  have been filed in accordance with the provisions of such

12  section. Prior to the issuance of a certificate of election,

13  the candidate's filing officer must certify in writing that

14  all preelection reports required by s. 106.07 have been filed,

15  that the reports were complete, and that there are no

16  outstanding addenda pursuant to s. 106.07(2)(b)1. In addition,

17  the candidate's filing officer and the Florida Elections

18  Commission must certify in writing that all outstanding fines

19  have been paid. However, no candidate shall be prevented from

20  receiving a certificate of election for failure to file any

21  copy of a report required by this chapter.

22         Section 23.  Section 106.185, Florida Statutes, is

23  created to read:

24         106.185  Forfeiture of salary and expenses.--

25         (1)  If the commission finds that a candidate who is

26  elected to office has failed to file the reports required by

27  ss. 106.07 and 106.141 and any outstanding addenda pursuant to

28  s. 106.07(2)(b)1., he or she shall forfeit all payments for

29  salary and expenses until the filing officer of the candidate

30  certifies that the candidate had filed the required reports,

31

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  1  the reports are complete, and there are no outstanding addenda

  2  pursuant to s. 106.07(2)(b)1.

  3         (2)  If the commission finds that a candidate who is

  4  elected to office owes any outstanding fines to his or her

  5  filing office or the Florida Elections Commission, he or she

  6  shall forfeit all payments for salary and expenses until the

  7  filing officer and the commission certify that all fines have

  8  been paid in full.

  9         (3)  Any payments for salary and expenses which are

10  forfeited pursuant to subsections (1) and (2) must be paid to

11  the entity responsible for paying the salary and expenses of

12  the candidate until the report has been filed or the fine has

13  been paid in full.

14         Section 24.  Section 106.19, Florida Statutes, is

15  amended to read:

16         106.19  Violations by candidates, persons connected

17  with campaigns, and political committees.--

18         (1)  A person may not Any candidate; campaign manager,

19  campaign treasurer, or deputy treasurer of any candidate;

20  committee chair, vice chair, campaign treasurer, deputy

21  treasurer, or other officer of any political committee; agent

22  or person acting on behalf of any candidate or political

23  committee; or other person who knowingly and willfully:

24         (a)  Accept Accepts a contribution in excess of the

25  limits prescribed  by s. 106.08;

26         (b)  Fail Fails to report any contribution required to

27  be reported by this chapter;

28         (c)  Falsely report reports or deliberately fails to

29  include any information required by this chapter; or

30

31

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  1         (d)  Make Makes or authorize authorizes any expenditure

  2  in violation of s. 106.11(3) or any other expenditure

  3  prohibited by this chapter;

  4

  5  is guilty of a misdemeanor of the first degree, punishable as

  6  provided in s. 775.082 or  s. 775.083.

  7         (2)  Notwithstanding any other provision of law, the

  8  Florida Elections Commission shall assess a civil penalty

  9  equal to three times the amount involved in the violation

10  against any Any candidate, campaign treasurer, or deputy

11  treasurer; any chair, vice chair, or other officer of any

12  political committee; any agent or person acting on behalf of

13  any candidate or political committee; or any other person who

14  violates paragraph (1)(a), paragraph (1)(b), or paragraph

15  (1)(d) shall be subject to a civil penalty equal to three

16  times the amount involved in the illegal act.  Such penalty

17  may be in addition to the penalties provided by s. 106.265

18  subsection (1) and shall be paid into the Elections Commission

19  Trust General Revenue Fund of this state.

20         (3)  Any person who knowingly and willfully violates

21  subsection (1) is guilty of a felony of the third degree,

22  punishable as provided in s. 775.082 or s. 775.083.

23         (4)(3)  A political committee sponsoring a

24  constitutional amendment proposed by initiative which submits

25  a petition form gathered by a paid petition circulator which

26  does not provide the name and address of the paid petition

27  circulator on the form is subject to the civil penalties

28  prescribed in s. 106.265.

29         Section 25.  Section 106.21, Florida Statutes, is

30  amended to read:

31

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  1         106.21  Certificates of election not to be issued upon

  2  conviction.--

  3         (1)  If a successful candidate is convicted of

  4  violating s. 106.19(1) or is found by the Florida Elections

  5  Commission to have violated s. 106.19(1) prior to the issuance

  6  of his or her certificate of election, such certificate shall

  7  not be issued, and a vacancy shall be declared and filled as

  8  provided by law.

  9         (2)  If a successful candidate is convicted of

10  violating  s. 106.19(1) or is found by the Florida Elections

11  Commission to have violated s. 106.19(1) subsequent to the

12  issuance of a certificate of election but prior to taking

13  office, such certificate shall be rescinded by the issuing

14  body and declared void, and a vacancy in office shall exist

15  and be filled as provided by law.

16         (3)  If the Florida Elections Commission finds that a

17  successful candidate who is not subject to impeachment has

18  violated s. 106.19(1), the commission shall recommend to the

19  Governor that the successful candidate be suspended or removed

20  from office for misfeasance. Such a recommendation by the

21  commission to the Governor constitutes prima facie evidence

22  that misfeasance occurred during the existing term of the

23  officer or during the next preceding 4 years.

24         (4)  If the Florida Elections Commission finds that a

25  successful candidate has violated s. 106.19(1), a defeated

26  candidate or any elector qualified to vote in the election

27  related to such candidacy may, within 90 days after such a

28  finding, petition the circuit court for relief. If the court

29  finds that the outcome of the election was affected by the

30  violation of s. 106.19(1), the court may fashion such orders

31  as it considers necessary, including entering a judgment of

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  1  ouster, if the adverse party has been commissioned or is

  2  holding the office. If the court issues a judgment of ouster,

  3  a vacancy in office shall exist and be filled as provided by

  4  law.

  5         (5)  This section does not apply to legislative

  6  candidates.

  7         Section 26.  Subsection (2) of section 106.23, Florida

  8  Statutes, is amended to read:

  9         106.23  Powers of the Division of Elections.--

10         (2)  The Division of Elections shall provide advisory

11  opinions when requested by any supervisor of elections,

12  candidate, local officer having election-related duties,

13  political party, political committee, committee of continuous

14  existence, or other person or organization engaged in

15  political activity, relating to any provisions or possible

16  violations of Florida election laws except for those

17  provisions of the Florida Election Code over which the Florida

18  Elections Commission has jurisdiction with respect to actions

19  such supervisor, candidate, local officer having

20  election-related duties, political party, committee, person,

21  or organization has taken or proposes to take.  A written

22  record of all such opinions issued by the division or the

23  Florida Elections Commission, sequentially numbered, dated,

24  and indexed by subject matter, shall be retained. Upon

25  rendering an opinion, the division shall furnish a copy of the

26  opinion to the commission. A copy shall be sent to said person

27  or organization upon request.  Any such person or

28  organization, acting in good faith upon such an advisory

29  opinion, shall not be subject to any criminal penalty provided

30  for in this chapter.  The opinion, until amended or revoked,

31  shall be binding on any person or organization who sought the

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  1  opinion or with reference to whom the opinion was sought,

  2  unless material facts were omitted or misstated in the request

  3  for the advisory opinion.

  4         Section 27.  Paragraph (a) of subsection (1) and

  5  subsections (4), (6), and (7) of section 106.24, Florida

  6  Statutes, are amended to read:

  7         106.24  Florida Elections Commission; membership;

  8  powers; duties.--

  9         (1)(a)  There is created within the Department of State

10  Legal Affairs, Office of the Attorney General, a Florida

11  Elections Commission, hereinafter referred to as the

12  commission.  The commission shall be a separate budget entity,

13  and its director shall be the agency head for all purposes.

14  The commission shall not be subject to control, supervision,

15  or direction by the Department of State Legal Affairs or the

16  Secretary of State Attorney General in the performance of its

17  duties, including, but not limited to, personnel, purchasing

18  transactions involving real or personal property, and

19  budgetary matters. The Department of State shall provide

20  administrative services to the commission.

21         (4)  The commission shall appoint an executive

22  director, who shall serve under the direction, supervision,

23  and control of the commission.  The executive director, with

24  the consent of the commission, shall employ such staff,

25  including a general counsel, as are necessary to adequately

26  perform the functions of the commission, within budgetary

27  limitations.  All employees, except the executive director and

28  attorneys, are subject to part II of chapter 110.  The

29  executive director shall serve at the pleasure of the

30  commission. The executive director and the general counsel

31  shall and be subject to part III of chapter 110, except that

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    Florida Senate - 2001                                  SB 1982
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  1  the commission shall have complete authority for setting the

  2  executive director's salary. Attorneys employed by the

  3  commission shall be subject to part V of chapter 110.

  4         (6)  There is hereby established in the State Treasury

  5  an Elections Commission Trust Fund to be used utilized by the

  6  Division of Elections and the Florida Elections Commission in

  7  order to carry out its their duties pursuant to ss.

  8  106.24-106.28. The trust fund may also be used by the

  9  division, pursuant to its authority under s. 106.22(11), to

10  provide rewards for information leading to criminal

11  convictions related to voter registration fraud, voter fraud,

12  and vote scams.

13         (7)  The commission shall develop a budget request

14  pursuant to chapter 216 annually.  The budget is not subject

15  to change by the Department of State Legal Affairs or the

16  Secretary of State Attorney General, but it shall be submitted

17  by the Department of State Legal Affairs to the Governor for

18  transmittal to the Legislature.

19         Section 28.  Subsections (1) and (2) of section 106.25,

20  Florida Statutes, are amended to read:

21         106.25  Reports of alleged violations to Florida

22  Elections Commission; disposition of findings.--

23         (1)  Jurisdiction to investigate and determine

24  violations of this chapter, and chapter 104, and ss. 105.071

25  and 105.08 is vested in the Florida Elections Commission;

26  however, nothing in this section limits the jurisdiction of

27  any other officers or agencies of government empowered by law

28  to investigate, act upon, or dispose of alleged violations of

29  this code.

30         (2)(a)  The commission shall investigate all violations

31  of the Florida Elections Code this chapter and chapter 104,

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    Florida Senate - 2001                                  SB 1982
    37-1163-01




  1  but only after having received either a sworn complaint or

  2  information reported to it by the Division of Elections. Any

  3  filing officer who has information concerning any violation of

  4  the Florida Election Code over which the commission has

  5  jurisdiction shall immediately report the information, in

  6  writing, to the Florida Elections Commission. Any person,

  7  other than the filing officer division, having information

  8  concerning of any violation of the Florida Election Code over

  9  which the commission has jurisdiction this chapter or chapter

10  104 shall file a sworn complaint with the commission.  Such

11  sworn complaint shall state whether a complaint of the same

12  violation has been made to any state attorney. Within 5 days

13  after receipt of the report from the filing officer or a sworn

14  complaint, the commission shall transmit a copy of the report

15  or complaint to the alleged violator.

16         (b)  All sworn reports or complaints alleging

17  violations of the Florida Election Code over which the

18  commission has jurisdiction shall be filed with the commission

19  within 2 years of the alleged violations.  The period of

20  limitations is tolled on the day a sworn complaint is filed

21  with the commission.

22         (c)  The standard of proof in all commission matters is

23  a preponderance of the evidence.

24         Section 29.  Subsection (13) of section 106.26, Florida

25  Statutes, is amended to read:

26         106.26  Powers of commission; rights and

27  responsibilities of parties; findings by commission.--

28         (13)  The commission shall provide may not issue

29  advisory opinions when requested by any supervisor of

30  elections, candidate, local officer having election-related

31  duties, political party, political committee, committee of

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    Florida Senate - 2001                                  SB 1982
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  1  continuous existence, or other person or organization engaged

  2  in political activity, relating to any provisions or possible

  3  violations of the Florida Election Code over which the

  4  commission has jurisdiction with respect to actions that such

  5  supervisor, candidate, local officer having election-related

  6  duties, political party, committee, person, or organization

  7  has taken or proposes to take and must, in all its

  8  deliberations and decisions, adhere to statutory law and

  9  advisory opinions of the division. The opinion, until amended

10  or revoked, is binding on any person or organization who

11  sought the opinion. The person or organization obtaining an

12  opinion and relying in good faith on the opinion is not

13  subject to any criminal penalty unless material facts were

14  omitted or misstated in the request for the advisory opinion.

15  The commission shall furnish a written copy of each opinion it

16  issues to the Division of Elections. The division shall

17  include all commission opinions with the division's opinions,

18  and the combined opinions must be sequentially numbered,

19  dated, and indexed by subject matter, and must be retained.

20         Section 30.  Section 106.265, Florida Statutes, is

21  amended to read:

22         106.265  Civil penalties.--

23         (1)  The commission is authorized upon the finding of a

24  violation of the Florida Election Code over which the

25  commission has jurisdiction this chapter or chapter 104 to

26  impose civil penalties in the form of fines not to exceed

27  $5,000 $1,000 per count.  In determining the amount of such

28  civil penalties, the commission shall consider, among other

29  mitigating and aggravating circumstances:

30         (a)  The gravity of the act or omission;

31         (b)  Any previous history of similar acts or omissions;

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    Florida Senate - 2001                                  SB 1982
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  1         (c)  The appropriateness of such penalty to the

  2  financial resources of the person, political committee,

  3  committee of continuous existence, or political party; and

  4         (d)  Whether the person, political committee, committee

  5  of continuous existence, or political party has shown good

  6  faith in attempting to comply with the provisions of this

  7  chapter, or chapter 104, or ss. 105.071 and 105.08.

  8         (2)  If any person, political committee, committee of

  9  continuous existence, or political party fails or refuses to

10  pay to the commission any civil penalties assessed pursuant to

11  the provisions of this section, the commission shall be

12  responsible for collecting the civil penalties resulting from

13  such action.

14         (3)  Any civil penalty collected pursuant to the

15  provisions of this section shall be deposited into the

16  Elections Commission Election Campaign Financing Trust Fund.

17         (4)  Notwithstanding any other provisions of this

18  chapter, any fine assessed pursuant to the provisions of this

19  chapter, which fine is designated to be deposited or which

20  would otherwise be deposited into the General Revenue Fund of

21  the state, shall be deposited into the Elections Commission

22  Election Campaign Financing Trust Fund.

23         Section 31.  Sections 105.09 and 106.085, Florida

24  Statutes, are repealed.

25         Section 32.  The sum of $86,528 is appropriated from

26  the General Revenue Fund to the Florida Elections Commission

27  for the purpose of paying the salary and other administrative

28  expenses necessary for one additional senior attorney position

29  to carry out the provisions of this act during the 2001-2002

30  fiscal year.

31

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    Florida Senate - 2001                                  SB 1982
    37-1163-01




  1         Section 33.  This act shall take effect January 1,

  2  2002, except that this section and sections 26, 27, 29, and

  3  32, shall take effect July 1, 2001.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Amends various sections of the Florida Election Code
      relating to candidates' reporting requirements, payment
  8    of fines, fraudulent activities, and solicitation of
      contributions. Modifies various provisions of ch. 106,
  9    F.S., relating to campaign financing. Provides additional
      responsibilities and jurisdiction of the Florida
10    Elections Commission. Provides civil penalties and
      increasing criminal penalties for violations of s.
11    106.19(1), F.S. Relocates the Florida Elections
      Commission in the Department of State and provides a
12    general counsel for the commission. Prohibits the
      Division of Elections from using money in the Elections
13    Commission Trust Fund for fraud investigation. Increases
      the amount of the civil penalties that the commission may
14    impose. Directs that such penalties be placed in the
      Elections Commission Trust Fund. Repeals s. 105.09, F.S.,
15    relating to political activity on behalf of judicial
      candidates. Repeals s. 106.085, F.S., relating to
16    independent expenditures. Provides an appropriation. (See
      bill for details.)
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